3.13Equipment Violations

A.Statutory Authority

“Except as otherwise provided in [MCL 257.698 or MCL 257.707d¹], a person who violates a provision of [MCL 257.683-MCL 257.711] with respect to equipment on vehicles is responsible for a civil infraction.” MCL 257.683(6).

“A person shall not drive or move or the owner shall not cause or knowingly permit to be driven or moved on a highway a vehicle or combination of vehicles that is in such an unsafe condition as to endanger a person, or that does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in [MCL 257.683-MCL 257.711], or that is equipped in a manner in violation of [MCL 257.683-MCL 257.711].” MCL 257.683(1).

“A person shall not do an act forbidden or fail to perform an act required under [MCL 257.683–MCL 257.711].” MCL 257.683(1).

“A police officer on reasonable grounds shown may stop a motor vehicle and inspect the motor vehicle, and if a defect in equipment is found, the officer may issue the driver a citation for a violation of a provision of [MCL 257.683–MCL 257.711].” MCL 257.683(2).

“[MCL 257.683–MCL 257.711] shall not prohibit the use of additional parts and accessories on a vehicle that are not inconsistent with [MCL 257.683–MCL 257.711].” MCL 257.683(4).

“The provisions of [MCL 257.683-MCL 257.711] with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except as specifically provided in [MCL 257.683–MCL 257.711].” MCL 257.683(5).

B.Equipment Violations

Common equipment violations include:

•Backing, cowl, fender, or running board lamps—MCL 257.698;

•Brakes   —MCL 257.705;

•Brake lights—MCL 257.697;

•Bumpers—MCL 257.710c;

•Device causing emission of flame or smoke—MCL 257.682a;

•Failing to maintain equipment—MCL 257.683;

•Head lamps, rear lamps, spot lamps, fog lamps—MCL 257.684, MCL 257.685, MCL 257.686, MCL 257.695, MCL 257.696, MCL 257.700, MCL 257.701, MCL 257.702, MCL 257.704;

•Horn, siren   —MCL 257.706;

•Lamp or flag on projecting load—MCL 257.693;

•Mirror and window obstruction of view—MCL 257.708 and MCL 257.709;

•Muffler or exhaust system—MCL 257.707;

•Parking lights—MCL 257.694;

•Plates (lighting and visibility)—MCL 257.686;

•Reflectors and clearance markers—MCL 257.687, MCL 257.688, MCL 257.689, MCL 257.690, MCL 257.691;

•Safety chains (towing)—MCL 257.721(3);

•Safety glass—MCL 257.711;

•Slow moving vehicles, lights and reflectors—MCL 257.688(1)(g) and MCL 257.703;

•Television or other electronic device that displays video images—MCL 257.708b;

•Tires   —MCL 257.710;

•Tinted windows—MCL 257.709;

•Trailer, trailer hitch, towing equipment—MCL 257.721;   

•Turn signals—MCL 257.697 and 257.697a; and

•Windshield, windows, wipers/washers—   MCL 257.708a and MCL 257.709.

C.Penalties

The general rules for assessing a civil fine and costs apply to equipment violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs.

However, “[i]f a person has received a civil infraction citation for defective safety equipment on a vehicle under [MCL 257.683], the court shall waive a civil fine, costs, and assessments on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.” MCL 257.907(9).

D.Issues

•Tinted windows, MCL 257.709

“Tinted windows [MCL 257.709] are equipment violations for which no points may be assessed.” People v Pitts, 222 Mich App 260, 270 (1997). In Pitts, 222 Mich App at 271, the Court of Appeals determined that “holding [the] defendant responsible for a moving violation and assessing him two points for having nonreflective window tint upon his windows was improper.” Further, “not allowing tinted window film to be applied [to vehicle windows] is rationally related to a legitimate governmental purpose and [a] defendant’s right to equal protection of the law is not violated by [MCL 257.709] of the Michigan Vehicle Code.” Pitts, 222 Mich App at 274-275.

•Tail lamps, MCL 257.686

“The plain language of [MCL 257.686(1)] states that all motor vehicles must be ‘equipped with’ at least one ‘rear lamp.’” People v Williams, 236 Mich App 610, 613 (1999). MCL 257.686(2) should be read to provide that “a tail lamp must be wired so as to be lighted as specified in order to comply with the Vehicle Code-the implication being that an automobile with a tail lamp not wired so as to be lighted as specified would be in violation of the Vehicle Code.” Williams, 236 Mich App at 614. Stated another way, “all tail lamps intended for use on an automobile . . . have to be operative in order for the automobile to be in compliance with the Vehicle Code.” Id. at 615. Thus, “a motor vehicle equipped with multiple tail lamps is in violation of [MCL 257.686(2)] if one or more of its tail lamps is inoperative.” Williams, 236 Mich App at 615.